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2025 DAILYLAW 20883 (AP)

R SAGAR REDDY v. THE STATE OF ANDHRA PRADESH

WP/14585/2025 · 2025-06-18

Venkateswarlu Nimmagadda

Original Suitbody2025

Judgment text

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APHC010293502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY. THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14585/2025 Between: R. Sagar Reddy, S/o. R. Vijaya Bhaskar Reddy, Aged About 28 Years Occ; Agriculture Punganurtown and Mandal, Chittoor District. R/o. D.No. 31-43/7, Sai Nagar, Kotha Indiu ...PETITIONER AND I.The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2.The District Collector, Chittoor District Chittoor. 3. The Revenue Divisional Officer, Palamaner, Chittoor District. 4.The Thasildar, Peddapanjani Mandal, Chittoor District. 5.The Sub-register, Palamaner Chittoor District. 6.R. Pavan Kumar Reddy, S/o. R.Madhu Mohan Reddy, Aged About 29 Years, Occ: Agriculture R/o. Gonumakulapalli Village, Peddapanjani Mandal, Chittoor District. 7.R. Thriveni, W/o. R. Madhu Mohan Reddy, Aged About 45 Years, Occ: Agriculture, R/o. Gonumakulapalli Village, Peddapanjani Mandal Chittoor District. ...RESPONDENT A A Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action on the part of the respondent No.4 in contemplating to change the Revenue Records pertaining to the lands in an extant of an Ac. 14.98 Cents in Sy.No.'s 179/27A/E, 179/27A/D and 179/27A/B, and Ac. 0.21 Cents in Sy.No. 230/5C/2, and Ac. 0.35 Cents in Sy.No.’s 228/3E and 228/3D and Ac. 0.26 Cents in Sy.No. 216/7, and Ac. 0.35 Cents in Sy.No. 227/2D, and 6.26 Cents in Sy.No. 179/14 of Chamaneru Village fields, Peddapanjani Mandal, Chittoor District, without following provisions A.P. Rights in Land and Pattadar Pass Books Act, 1971, while the suit in O.S.No. 26 of 2025 on the file of the I Additional Junior Civil Judge,( Junior Division) Punganur, pending adjudication as arbitrary, illegal, without jurisdiction, contrary to the procedure contemplated under the provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 apart from voilative and fundamental and constitutional rights guaranteed to the petitioner under Articles 14,19, 21 and 300A of the Constitution of India and consequently direct the respondent No. 4 not to change the Revenue Records in respect of the above lands. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent No. 4 to consider the Notice, dated 23-01- 2025 and follow the provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971, before change of the Revenue entries pertaining to the lands in an extant of an Ac. 14.98 Cents in Sy.No.'s 179/27A/E, 179/27A/D and 179/27A/B, and Ac. 0.21 Cents in Sy.No. 230/5C/2, and Ac. 0.35 Cents in Sy.No.'s 228/3E and 228/3D, and Ac. 0.26 Cents in Sy.No. 216/7, and Ac. 0.35 Cents in Sy.No. 227/2D, and 6.26 Cents in Sy.No. 179/14 of Chamaneru ■™p t Village fields, Peddapanjani Mandal, Chittoor District pending disposal of the above Writ Petition. f Counsel for the Petitioner: M/s. S. PARINEETA f Counsel for the Respondent Nos.1 to 4 : Counsel for the Respondent No.5 : Counsel for the Respondent Nos.6 & 7 : The Court made the following: ORDER GP FOR REVENUE GP FOR REGISTRATION AND STAMPS NONE APPEARED 4* f. APHC010293502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Hjp [3329] f THURSDAY .THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14585/2025 Between: ...PETITIONER R Sagar Reddy AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.S PARINEETA Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR REGISTRATION AND STAMPS The Court made the following: 2 i THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14585/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action on the part of the respondent No. 4 in contemplating to change the Revenue Records pertaining to the lands in an extent of Ac.14.98 Cents in Sy.Nos. 179/27AdE, 179/27A/D and 179/27AJB and Ac.0.21 Cents in Sy.No.230/5C/2 and Ac. 0.35 Cents in Sy.Nos.228/3E and 228/3D and Ac. 0.26 Cents in Sy.No.216/7 and Ac.0.35 Cents In Sy.No.227/2D and Ac.6.26 Cents in Sy.No.179/14 of Chamaneru Village fields, Peddapanjani Mandal, Chittoor District, without following the provisions of A. P. Rights in Land and Pattadar Pass Books Act, 1971 while the suit in O.S.No.26 of 2025 on the file of the I Additional Junior Civil Judge (Junior Division), Punganur, pending adjudication as arbitrary, illegal, without jurisdiction, contrary to the procedure contemplated under the provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 apart from voilative and fundamental and constitutional rights guaranteed to the petitioner under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondent No.4 not to change the Revenue Records in respect of the above lands and pass such other order. ” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner is one of the coparcener of the joint family. Being a coparcener, the petitioner filed a suit i.e., O.S.No.26 of 2025 on the file of the I Additional Junior Civil Judge (Junior Division), Punganur ▼/'T ' ' 3 seeking partition of the joint family properties i.e., suit schedule properties. 4. Learned counsel for the petitioner further submits that during the pendency of the said suit, the official respondent Nos.3 and 4 are taking steps to change/alter the revenue entries in the revenue records at behest of respondent Nos.6 and 7. In view of settled preposition of law once a civil suit for partition is pending, the official respondents shall not take steps either to carryout the amendments or change the existing rights of the parties to the suit from the date of filing the suit. 5. On the other hand, learned Government Pleader for the th respondents furnished written instructions issued by the 4 respondent dated 17.06.2025, wherein it is stated that the respondents have not taken any steps to change/alter the revenue records in respect of subject property at the behest of respondent Nos.6 and 7 as alleged by the petitioner. The petitioner filed the present Writ Petition only with a mere apprehension. 6. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for the respondents and on perusal of the written instructions issued by the 4^^ respondent, it is observed that the respondents are not taking any steps for amending the revenue records as alleged by the petitioner at behest of respondent Nos.6 and 7. In view of the clear 4 and categorical admission on the part of the respondents, no further orders are necessary in the present Writ Petition. However, if the respondent Nos.6 and 7 intend to amend the revenue records pending suit, they shall approach the Court below by way of filing appropriate petition before the court below requesting for the same. Without doing so, any action by the respondents pending suit is declared as contrary to law and illegal. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1.The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2.The District Collector, Chittoor District Chittoor. 3.The Revenue Divisional Officer, Palamaner, Chittoor District. 4.The Thasildar, Peddapanjani Mandal, Chittoor District. 5. The Sub-register, Palamaner Chittoor District. 6.One CC to M/s. S. Parineeta, Advocate (OPUC) 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. (OUT) 8.Two CCs to GP for Stamps & Registration, High Court of Andhra Pradesh. (OUT) 8.Three CD Copies Cnr HIGH COURT DATED:19/06/2025 ORDER WP 14585/2025 ^ 01 JUL 2025 ^♦Sa!P»rtS«c Sf»i DISPOSING OF THE W.P. WITHOUT COSTS